Tyler v. Healey

California Supreme Court
Tyler v. Healey, 51 Cal. 191 (Cal. 1875)

Tyler v. Healey

Opinion of the Court

By the Court:

When the defendant had partially examined one of his witnesses, he desired to recall him for further examination on matters material to the issue, and asked the leave of the court to recall him for that purpose. ■ On the objection of plaintiff, the court refused to permit the witness to be re*193called, on the ground that “the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.

Judgment and order reversed, and cause remanded for a. new trial.

Reference

Full Case Name
J. C. TYLER, and G. W. COLBY v. M. HEALEY
Cited By
2 cases
Status
Published
Syllabus
Recalling a Witness.—When a witness has been once called and examined by a party, it is within the discretionary power of the court to allow him to be recalled and further examined by the same party, even if the other party objects.